By Jamie Davila, Esq.  and Ty Hyderally, Esq.

Date: August 4, 2025

In recent weeks, there was a sensational story about a summer associate at a big law firm in New York City, who was allegedly fired for biting at least 10 people at Sidley Austin. It is also alleged that the associate in question engaged in questionable spending habits while networking with partners at the law firm.  But the main headline in this story is not only the fact that this summer associate allegedly bit colleagues at work, but also that it took 10 bites for the associate to be terminated from her position[1].

This brings up questions, such as how many bites are too many, and when is the employer liable to this newly found “workplace” injury? The answer to this question is: it depends on many factors such as whether the employer was aware of these incidents of violence taking place and whether, after becoming aware of this issue, the employer took steps to both investigate and remediate the situation. It was reported that that despite the fact that the summer associate engaged in this violent behavior frequently, it was kept as a secret that prompted her closest co-workers to start wearing long sleeve work attire to minimize the injuries. The peculiar thing about these incidents is the fact that despite their being so many alleged bites to so many people, it took a long time for a report to be made to Human Resources[2]. The reasons for the other employees lack of reporting are speculative; however, it all came to a head after one of the employees finally reported an incident of biting to Human Resources. In turn, an investigation occurred.  The firm soon discovered that there was more than one person who was allegedly bitten by the summer associate.

Such actions could certainly qualify as work place harassment and certainly possible workplace violence.  The conduct was clearly having an impact on other employees and was reported as a form of intimidation and physical assault by some. In such a situation, an employer must be wary as there certainly could be corporate liability for the acts of its employee.  However, here there appears to be a significant lapse in reporting.

If the employer is unaware of such situation and/or has no reason that it should be ware, the employer is generally not liable for such torts.  Generally speaking, strict liability type concepts will not apply when dealing with tort claims as they are outside of the scope of the employee’s regular employment… or at least, one would hope! One looks at concepts such as foreseeable risk and whether the employer should have known about the situation is analyzing liability.

However, once the employer is aware of this violent conduct occurring in the workplace, then the employer is generally held fully responsible and liable for all injuries suffered due to any consequential negligence for any failure to take prompt and remedial action.  If you feel that you are being a target of discriminatory or harassing treatment or If you have any questions regarding your rights as an employee, you should seek out an experienced attorney who concentrates in employment law. Our firm has been concentrating in employment law for over twenty-two (22) years!

En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice regarding your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.

[1]Sheli Frank, ‘Biglaw Biter’ Reportedly Bit 10+ People Before Law Firm Cut Ties, July 15, 2025,  https://www.yahoo.com/news/biglaw-biter-reportedly-bit-10-231636276.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAJ8nKo3VSqlFU4ziwOPfzupGGNe1Y2n1ogZpi5QQGhU6BerbKdv_ZXJA1IX4O944O9pjxQFJarFj80DDFT2lWBCyoicb3WmjntHfKxCGZEoQ5FHX-N54zEbDCalLkUhHu6tp1q8at0fniHkFJ2umi0xApKoridDqsatZp4leDe6h (Last visited on July 22, 2025).

[2]Kathryn Rubino, Summer Associate’s Naughty Toddler Impression Gets Her Bounced from Biglaw, July 11, 2025, https://abovethelaw.com/2025/07/summer-associates-naughty-toddler-impression-gets-her-bounced-from-biglaw/ (Last visited on July 22, 2025).